Tiblu Masih @ Lucky @ Samyal Masih vs State Of Chhattisgarh
2022 Latest Caselaw 4585 Chatt

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                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                                 CRA No. 633 of 2018
 • Tiblu Masih @ Lucky @ Samyal Masih S/o Shailesh Masih Aged About 40 Years R/o
   Takhatpur, Azad Para, Police Station Takhatpur, District Bilaspur Chhattisgarh.
                                                                            ---- Appellant
                                         Versus
 • State Of Chhattisgarh Through The Station House Officer, Police Station Urla, District
   Raipur Chhattisgarh.
                                                                         --- Respondent

19.07.2022 Mr. Roop Naik, Counsel for the appellant.

Ms. Ruchi Nagar, Dy. G.A. for the State/respondent.

Heard on I.A.No.1/2018, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 15.03.2018 passed by the learned Additional Sessions Judge, District Raipur, (C.G.) in Special Criminal Case No. 122/2016, the appellant has been convicted for the offence punishable under Section 6 of the POCSO Act and sentenced to undergo R.I. for 10 years and pay fine of Rs.5,000/- in default to further undergo 03 months additional R.I.

Learned counsel for the appellant submits that appellant has falsely been implicated in this case and he has not committed any offence, he further submits that he has completed more than five years out of 10 years jail sentence and he placed reliance on a recent judgment of the Hon'ble Supreme Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in 2022 LiveLaw(SC)577.

State counsel opposes the application for suspension of sentence and grant of bail but she has not disputed the detention period.

I have heard learned counsel for the parties, considering the detention period, I am inclined to allow this application.

Accordingly, I.A.No.1/2018 is allowed.

The substantive jail sentence awarded to the appellant is suspended during the pendency of this appeal and he is directed to release on bail on his furnishing a personal bond in the sum of Rs. 25,000/- along with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 27th September, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of this appeal.

Certified copy as per rules.

List this case for final hearing.

Sd/-

(Sachin Singh Rajput)

Judge

parul